Ponce Inlet Marina Developers Sue, Allege Conspiracy

Four Residents Are Accused Of Giving False Data To Regulators To Delay The Marina Dunes Project

September 15, 1995|By Cory Lancaster of The Sentinel Staff

PONCE INLET — A marina development company has filed a $22 million lawsuit against four area residents, including two town officials, claiming they used government channels to delay the project for so long that it would go bankrupt.

Ponce Marina Inc. first asked for approval in 1986 to build a marina and homes on riverfront property just north of the Ponce Inlet Town Hall.

Market and financial conditions caused some delays. But most stemmed from objections by residents and environmentalists to the issuing of permits for the project, the recent suit claims.

The developers spent years in hearings and appeals to get the necessary permits, but these expired before construction began. The developers applied for the permits again and now face the same objections from residents, which could delay the project for years more, the suit contends.

Opponents claim the project will hurt the environment by filling in wetlands and a creek that drains into the Halifax River. The project, called Marina Dunes, stretches from the ocean to the river and calls for 730 residences, a 142-slip marina and recreational amenities.

Doris Kralik, one of four named in the suit and a member of the Ponce Inlet planning commission, said the $22 million suit is an attempt to silence opposition.

Legal observers have a name for these kinds of suits, she said: SLAP suits, or strategic litigation against public participation.

Environmentalists say developers increasingly are using the suits to try to stop them from challenging projects through administrative hearings and other channels.

''I'm a retired widow and I certainly don't have $22 million,'' Kralik said. ''It's more like harassment to do this to me.''

Kralik's brother, Lawrence Decker of Ormond by the Sea, Ponce Inlet Commissioner A.W. James and his son-in-law, Craig Oulton of Ponce Inlet, also are named in the suit.

Developers say the four people conspired to give false information to state and federal agencies to prevent the developers from getting the necessary permits. At one point, the people gave false information to a state agency, causing the agency to temporarily halt work at the site, the suit said.

Peter Heebner, attorney for the developers, said few suits like this have been filed.

He wasn't aware of any developer winning in court but said the suits usually force opponents and developers to work through their disagreements, clearing the way for construction to begin.